Larson; Secretary, Department of Social Services and (Social services second review)

This matter concerned an appeal by Mr Larson against a decision by the Secretary of the Department of Social Services regarding the rate of his age pension. The central dispute revolved around whether Mr Larson's prolonged absences from Australia meant that a proportional rate of age pension should apply to him from 10 September 2020. The case was heard by Dr L Bygrave, a Member of the Tribunal.

The legal issues before the Tribunal were twofold: firstly, whether Mr Larson's absence from Australia was to be considered 'temporary' for the purposes of the Social Security Act 1991 (Cth); and secondly, if his absence was temporary, whether the discretion to extend the standard 26-week period for receiving the full pension rate, as provided by subsection 1220A(6) of the Act, should be exercised in his favour.

The Tribunal considered Mr Larson's history, including his migration to Australia, his citizenship, his working life residence, and his personal circumstances leading to his departure from Australia in 2008. It noted his subsequent periods of living in remote areas, on a boat, and his unsuccessful attempt to sail around the world, which resulted in him returning to Australia for surgery. Crucially, the Tribunal examined Mr Larson's extensive travel outside Australia since 2017, including multiple extended periods overseas. Mr Larson stated he could not afford to live in Australia on the age pension and that his travel was partly to manage his finances while dealing with divorce proceedings.

Ultimately, the Tribunal found that Mr Larson's absences from Australia were not temporary. Consequently, it determined that the discretion under subsection 1220A(6) of the Act to extend the 26-week period could not be exercised. The Tribunal set aside the reviewable decision and substituted its own decision that the proportional rate of age pension applied to Mr Larson from 10 September 2020.